reserved on: 23.09.2014
% Judgment delivered on: 14.10.2014
+ CS(OS) 2340/2013
DELHI DEVELOPMENT AUTHORITY ..... Plaintiff
Versus
M/S BANSAL TRADERS & ANR. ..... Defendants
Advocates who appeared in this case:
For the Plaintiff: Ms Geeta Mehrotra & Ms Divya Gupta, Advocates.
For the Defendants: Mr N.K. Jha, Advocate for defendant no.1.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
RAJIV SHAKDHER,J
CS(OS) 2340/2013 & IA No. 19132/2013 (u/s 151 CPC)
1. This is a suit filed under Section 14(2) of the Arbitration Act, 1940 in
short (1940 Act). The prayer made in the suit is that a direction be issued to
the arbitrator, i.e., defendant no.2, to file the award along with complete
arbitral record in this court. Notice in the matter was issued on 11.12.2013.
Since then defendant no.1 has entered appearance in the matter. The arbitral
record has also been received.
2. The counsel for defendant no.1 evidently raised objection to the
jurisdiction of the court, at the hearing held on 28.07.2014. My
predecessor on that date recorded the objection of defendant no.1, qua
pecuniary jurisdiction, by noting that the award in question is of the value of
CS(OS) 2340/2013 Page 1 of 10
Rs. 5.70 lacs.
2.1 At the hearing held today, the learned counsel for defendant no.1
expanded the contours of its objections, by articulating that the suit under
Section 14(2) of the 1940 Act is not maintainable in view of the enactment
of the Arbi
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